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Tag Archives: Contract

Guarantor wasn’t a ‘necessary and indispensable party’ (access required)

Where the defendant was sued for allegedly breaching conditions of a commercial lease relating to the construction and operation of a fitness club, and its corporate parent allegedly guaranteed the defendant’s performance, that didn’t make the corporate parent a “necessary ...

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Permissive joinder provides legal basis for counterclaim (access required)

Where the defendant was sued for breach of fiduciary duty, her counterclaim for unjust enrichment was proper under the permissive joinder rules. Background Plaintiff H99DT trustee filed a complaint in this court Nov. 23, 2020, bringing a single cause of ...

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Parol evidence needed to explain confusing contract (access required)

Where a contracting party moved for reconsideration of the court’s order denying its motion to dismiss, the motion was denied because parol evidence was needed to provide context to the confusing and contradictory contract terms. Background Fifth Third Bank N.A., ...

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Difference of opinion no basis for vacating award (access required)

Where the court might have ruled differently on the parties’ dispute, the arbitrator acknowledged the applicable legal principles and applied at least some of the facts to those principles, therefore the manifest injustice standard was satisfied and the award was ...

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Court erred in relying on exhibit attached to complaint (access required)

Where a school challenging an accreditation rejection attached a copy of the accreditor’s decision to its complaint, but the school clearly disputed the accreditor’s conclusions, the district court erred by treating the factual statements in the document as true. Background ...

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